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meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the bottom of what caused that blast at the fertilizer plant in west, texas. fox'sdom nick is there with the -- dominic is there with 14 dead. >> 200 injured. we understand from the authorities that 14 bodies have been recovered. they do not expect that number to rise much, if at all. 13 critically ill in hospital. it's unclear now on day three after the disaster how many of those will pull through. they think most of them actually will. the bodies of those that have been recovered from the site here in west have been taken to dallas for forensics. those that were most closest to the epicenter of the site, di
meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the...
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Apr 22, 2013
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it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard: investigators want to talk with the wife of the older bombing suspect. are lawyer says she won't be able to tell them much because she had no idea he was up to anything until she saw he was a suspect on television. that part of the story is next. updating our breaking news. authorities in canada are expected to announce multiple arrests relate toad what they're calling a major bomb plot. we're now getting conflicting reports about whether new york city was on a target list. sources telling fox news, at laos one man was arrested in quebec, another in ontario. tha
it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard:...
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Apr 23, 2013
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certainly like to officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling them to quote remain silent and then followed up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution becau
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certainly like to officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said...
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Apr 23, 2013
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether you come into the country or you're born here you are entitled those protections matthew feeney he's editor at associate editor at reason twenty four seven thank you for joining us by having me well as one small step for space exploration one huge leg up on the competition yet another private company has entered the commercial space arena and it's giving space x. a run for its money the orbital sciences corporation launched its new rocket from wallops island virginia on sunday it's the first step for this company in a race to supply the international space station are to correspondent margaret howl w
able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether...
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement last night was commitment by the administration they'll go through normal criminal justice process. we have criminal statutes. >> instead of declaring him enemy combatant. >> i personally think it's absurd to be honest. he's here. he is u.s. citizenship and all of the evidence is necessary and it's an important statement especially after what the city went through to say, yep, now you're just a normal criminal and we're going to put you through the process. this national security exception i agree with tom, we do not know a lot of facts about the motivation and whether they had more plans for people. a lot of
there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights have been revoked the rights and he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups also it's important to mention that republican lawmakers in the united states have been suggesting that to be treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen as we do know in back in two thousand and eleven they did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan back that he was twenty four years. old and the f.b.i. did receive recommendations that they investigate him they
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights have been revoked the rights and he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain...
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he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of civil liberties saying you have cases where -- you have the same two senators, john mccain and lindsey graham, who said this person is a terrorist and should not have miranda rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called underwear bomber from a few years ago. host: "national journal" reporting the headline, "pete williams' reporting philosophy d y was g boon sighttory r guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the way he was. this was a complicated story. a lot of journalists for getting the facts wrong as it was developing in real time, but pete williams was a constant force who was right 100% of the way. it is a model to all of u
he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of civil liberties saying you have cases where -- you have the same two senators, john mccain and lindsey graham, who said this person is a terrorist and should not have miranda rights. it seems the obama...
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for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules undermine the constitution. well this is a case this issue's been settled by the supreme court it was so it a case of the mid eighty's i believe ninety six that's the name of this case of state at the moment but this is something that the supreme court has reviewed it up held ask corsa to tional in certain circles in certain situations. personally i'm not really sure what could have been a tape from them when he was unconscious at what he was in such a terrible state when he was picked out of that boat because the gentleman. the suspect was just. pretty much incapacitated whether they removed him f
for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules...
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the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to lawyer up and say don't say a word, information,hem any we will deal later and i think i think this is illful blindness and reckless in regard to the people who may foruture.ctims in the guest: responding to the caller, i think what you are saying is i hear it t because from other people in the military. a purpose. war have if we unlawfully seek to expand that purpose we harm only armed forces, ur who are legitimately carrying in limited nflict particular areas in afghanistan. and the constitutional right would have been violated here had we h
the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to...
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any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. to hold the suspect as an enemy combatant under these circumstances would be contra
any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a...
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if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is going to uphold that down the line. the supreme court actually heard oral argument on a case very similar out of texas last week where their argument was the fifth amendment doesn't apply until we read the miranda rights. so we may have an answer to that sooner than we think. >> christopher -- >> would it make any difference -- i'm sorry, fred. just want a little follow-up. would it make any difference if the u.s. were to revoke his naturalized u.s. citizenship as far as the law is concerned?
if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say...
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the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights groups are saying that he should be able to have these rights provided to him. a u.s. citizen being investigated in a criminal case but certainly this is not been the case officials are using the public safety clause and the criticism stems from the fact that they did say earlier that any immediate threat has been removed also it's important to mention that republican lawmakers in the united states have been suggest. that i have been treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen or nine didn't become a naturalized citizen las
the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights...
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights time to quote remain silent and then a follow up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos come bag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because guess
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote...
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but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen? and under the constitution considered innocent until proven guilty? is he an enemy combatant? >> that's one of the political arguments happening in this town right now. you end up having people from the aclu, other supporters of civil liberties in saying that people like timothy mcvay who was a domestic terrorist was read miranda rights and the same thing should happen to the brothers. on the other hand you do have the same two senators i just talked about on immigration legislation, john mccain and lindsey graham who said this person is a terrorist should not have miranda rights. it seems the obama administration is going to be straddling the middle ground as they did a couple years ago in that you wait some time before giving them their miranda rights to make sure there's no types of threats to the public safety before reading those rights. and that seems to be the course the obama administration will be taking. >> your network is the subject of two articles i want to bring to our a
but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen? and under the constitution considered innocent until proven guilty? is he an enemy combatant? >> that's one of the political arguments happening in this town right now. you end up having people from the aclu, other supporters of civil liberties in saying that people like timothy mcvay who was a domestic terrorist was read miranda rights and the same thing should happen to the brothers. on...
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jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in serious condition but table stable ae stable according to local sources here. we are expected to hear from the u.s. attorney's office possibly as early as today on charges. there are varying reports about his ability to communicate. some have said he's been able to write things down, that is not confirmed through official fbi sources or the hospital staff on hand. we know from a high-ranking lawmaker that dzhokhar suffered a gunshot wound 0 to his throat, and they are not saying at this time whether it was self-inflicted. he had a considerable blood loss in the community of watertown during
jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in...
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silent as well this is right to an attorney throughout this brief encounter with the judge we do know that mostly turned iof was. nodding off a mission of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him for free now what we have going on now is a period of voluntary detention without bail and probable cause hearing for now has been scheduled for may thirtieth it's important to note that earlier there was a lot of discussion surrounding the possibility of trying a certain i have as a as an enemy combatant this is something that certain republican lawmakers in the united states were rooting for this is not been the case of course we're talking about a u.s. citizen who became a u.s. citizen last year on september eleventh and has been living in the united states for over a decade since two thousand and two so the enemy c
life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silent as well this is right to an attorney throughout this brief encounter with the judge we do know that mostly turned iof was. nodding off a mission of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him for free now...
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how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are work in the united states. your photo information will have to be shared with the database so they know it is you. some interesting propo w you protect your social security number. if you've just applied for a ob, you can in effect lock it so that no other employer can check it until you authorize it again. to try an important way to make it difficult for people not legally authorized to work in the united states to do that. the hope this is shuts off the magnets. people come here because they want to find jobs. the idea is to make it difficult to fi
how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are...
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person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety exception and also my other question to you would be does it undermine the constitution to have these exceptions well i'm not a constitutional so i don't want to talk to you know with to having an opinion on the other constitutional interpretation but it seems to be in place for if the public safety exception seems to be in place if there's good reason to think there could be imminent threat and after the young man was apprehended he was wasn't able to speak he was you know severely injured and i mean a little confused as to why he was unnecessarily read is miranda rights if there was no evidence at the time
person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety...
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i think the discussion about miranda is sue superfluous. some say it deter arrives from the fifth amendment and not from the warning and given the prevalence of it i don't think there's a person who doesn't know they have a right to remain silent. to think just because this young man was very intelligent and educated didn't know he had the right to remain silent because he was not given the miranda is silly. the fundamental issue is the paradigm in which we treat people in this instance facts as the attorney from the aclu point outs and i have to point out i'm not a huge fan of the aclu but i have to agree. we have an american citizen on american soil and to strip him of constitutional rights is preposterous. the supreme court has spoken to this after the civil war and they ruled that when the courts were open the right of habeas corpus couldn't be suspended. i'm a soldier and when you misuse the laws of war you endanger people like me on the battlefield. there are instances when terrorists are enemy combatants. this is not one of them. gue
i think the discussion about miranda is sue superfluous. some say it deter arrives from the fifth amendment and not from the warning and given the prevalence of it i don't think there's a person who doesn't know they have a right to remain silent. to think just because this young man was very intelligent and educated didn't know he had the right to remain silent because he was not given the miranda is silly. the fundamental issue is the paradigm in which we treat people in this instance facts...
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...